Texas Health and Safety Code 711.007 – Nuisance; Abatement and Injunction
(a) A district court of the county in which a cemetery is located may, by order, abate the cemetery as a nuisance and enjoin its continuance if the cemetery is:
(1) maintained, located, or used in violation of this chapter or Chapter 712; or
(2) neglected so that it is offensive to the inhabitants of the surrounding section.
(b) The proceeding may be brought by:
(1) the attorney general;
(2) the Banking Commissioner of Texas;
(3) the governing body of a municipality with a population of more than 25,000, if the cemetery is located in the municipality or not farther than five miles from the municipality;
(4) the district attorney of the county, if the cemetery is located in an area of the county not described by Subdivision (3);
(5) the owner of a residence:
(A) in or near the municipality in which the cemetery is located; or
(B) in the area proscribed for the location of a cemetery by § 711.008; or
(6) the owner of a plot in the cemetery.
Terms Used In Texas Health and Safety Code 711.007
- Continuance: Putting off of a hearing ot trial until a later time.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
(c) The court shall grant a permanent injunction against each person responsible for the nuisance if a cemetery nuisance exists or is threatened.
(d) If a cemetery nuisance under Subsection (a)(2) is located in a municipality, the governing body of the municipality may authorize the removal of all bodies, monuments, tombs, or other similar items from the cemetery to a perpetual care cemetery.
(e) Notice of an action under this section must be provided to the Texas Historical Commission and to the county historical commission of the county in which the cemetery is located. The Texas Historical Commission and the county historical commission may intervene and become parties to the suit.
(f) In an action under this section, the court shall determine:
(1) whether the cemetery nuisance must be abated by repair and restoration or by removal of the cemetery; and
(2) the party or parties liable for the costs associated with the abatement.